Thursday, March 25, 2010

Wisconsin AG seeks authorization to sue over ObamaCare

Ed Morrissey at Hot Air reports that Wisconsin Attorney General J.B. Van Hollen has requested authorization to file suit to block the individual mandate in the new health care legislation:
The list of state Attorneys General working to get into federal court to stop ObamaCare may go up by at least one. Wisconsin’s AG, J. B. Van Hollen, announced earlier this afternoon that he wants authorization from either the Governor or the legislature to file suit against the individual mandate in the health-care overhaul bill signed by Barack Obama this week. His office released the following statement:


“Wisconsin must act to protect its sovereign interests

and the interests of the citizens of this state…”

MADISON – Attorney General J.B. Van Hollen today requested authorization necessary to bring an action to contest certain provisions of the federal Patient Protection and Affordable Care Act and protect Wisconsin’s sovereign interests and that of its citizens. The request was made to Governor James E. Doyle and both Senate and Assembly leadership.

State law requires the Governor or either house of the Legislature authorize the Attorney General to file all such actions.

Attorney General Van Hollen has concluded there exists sufficient legal basis to contest the constitutionality of the Patient Protection and Affordable Care Act based on its threat to the individual interests of Wisconsin citizens and the sovereign interests of the state.
That could be tough. Governor Doyle is a Democrat, and both chambers of the legislature are controlled by Democrats. The likelihood of their allowing Van Hollen to sue seems fairly low. However, Doyle is retiring at the end of the year, and the legislature has to face the voters in seven months.
Read Van Hollen's letter to the state leadership explaining his position here.

Ed Morrissey plans to speak with Van Hollen later today, and will post the interview this evening at

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